Why is a notary’s assistance worthwhile?
A notary is an authority for legal prevention
A notary’s role differs from that of a lawyer in one essential respect: a notary does not represent one party’s interests against another’s. The notary stands between the parties and ensures that none of their rights are infringed. Through their work, notaries promote order and certainty in legal relationships and help prevent disputes—they perform a preventive role within the system of public authorities.
The difference becomes apparent precisely when the relationship between the parties subsequently becomes complicated. A document prepared by one party’s representative tends to be interpreted in that party’s favour; a document drawn up by a notary is balanced by its very nature.
A notarial document is a public document
Under the Notaries Act, notarial documents are public documents and have greater evidential weight than private documents. Unless proven otherwise, the facts stated in a public document are presumed to be true without further investigation.
The difference lies in the allocation of the burden of proof. Anyone claiming the contrary of what is stated in a public document must prove it; not the other way around. In litigation, this often determines the outcome, regardless of how persuasive the opposing party’s claim sounds.
Liability and insurance
A notary is required to take out liability insurance for damage caused in the course of notarial activities. This insurance protects the parties so that any financial loss they suffer can be compensated; the Notary Chamber of the Slovak Republic checks that every notary’s insurance remains in force, as this is one of the conditions for practising.
As a notary is a public authority, notarial activities are also subject to Act No. 514/2003 Coll. on liability for damage caused in the exercise of public authority. This Act is based on the principle of strict liability—the competent state authority is liable for damage regardless of fault and cannot be released from that liability.
A notary as a Commercial Register registrar
Since 17 August 2026, when Act No. 29/2026 Coll. on the Commercial Register came into force, the scope of a notary’s powers has expanded considerably. Under Section 2(n) of the Act, a notary is a registrar and, under Section 42(2), carries out registration whenever a person is being registered for the first time or registered particulars are being changed—across legal forms, thus not only for a limited liability company but also for a joint-stock company, cooperative or enterprise of a foreign person.
Business owners can therefore choose between the registration court and a notary. This is not merely a matter of convenience. Under Section 44(5) of the Act, an application submitted to the registration court may neither be withdrawn nor supplemented, so a defective application leads to refusal of registration. By contrast, under Section 45(6), the registrar must invite the applicant to supplement the application or remedy its deficiencies within 15 days. The defect can thus be remedied within the same proceedings.
Exceptions are entries resulting from a transformation, cross-border transformation or change of legal form, applications filed by applicants exempt from court fees, and applications submitted through a single point of contact—these fall exclusively within the registration court’s jurisdiction.
Saving time when transferring real estate
A real estate transfer agreement drawn up as a notarial deed is a public document, making it strong evidence in any subsequent dispute. It also offers a more immediate benefit: under Section 32(2) of the Cadastral Act, the district office decides on an application for authorisation of registration within 20 days if the agreement was drawn up as a notarial deed or authorised by a lawyer, does not conflict with cadastral records and the procedural requirements are met. The general time limit is 30 days.
In the case of a notarial deed, the cadastral department primarily examines its consistency with cadastral records. The notary can also provide full representation in cadastral proceedings, so the party need not deal with them.
Central notarial registers
The Notary Chamber of the Slovak Republic operates a Central Information System used by all notary offices in Slovakia. This has three practical implications for clients.
First, information is available and verifiable in real time in one place. On the Notary Chamber’s website, it is possible to check whether a signature was in fact certified by a notary, whether a security interest was registered or whether a notarial deed was actually drawn up—a little-known means of protection against forged documents.
Second, proceedings can be faster. The Central Information System has access to several information systems of public authorities that a notary needs in carrying out notarial work and acting as a court commissioner in inheritance proceedings. Inheritance proceedings can therefore proceed considerably faster, without unnecessarily burdening the parties with obtaining certificates.
Third, there is assurance that a document will not be lost. A testator can be sure that their disposition upon death will be taken into account in inheritance proceedings because it is recorded in the Central Notarial Register of Wills under Section 73c of the Notaries Act and deposited in the Central Notarial Register of Documents. This prevents its loss, damage or destruction—and having it drawn up by a notary also ensures that it complies with legal regulations.
Documents usable abroad
Unlike a municipality, a notary can certify signatures on documents and produce certified copies of documents for use abroad. Documents issued or drawn up by a notary may be submitted for further authentication—by apostille or superlegalisation—and then used abroad. For transactions involving a cross-border element, this is worth considering when choosing who will draw up the document.
Fees are prescribed by law
Fees for notarial acts are not a matter for negotiation. They are set uniformly for all notaries in the Slovak Republic by Decree No. 31/1993 Coll. of the Ministry of Justice of the Slovak Republic on notaries’ fees and reimbursements, which also sets out how they are determined. With effect from 17 August 2026, fees for entries in the Commercial Register were added.
In addition to the fee itself, the total cost of an act includes reimbursements and a fee for use of the Central Information System under the regulations of the Notary Chamber of the Slovak Republic. Parties can check the estimated amount themselves in advance or request it from our office.
A notarial deed as an enforceable instrument
The most common enforceable instrument is a court judgment obtained by a creditor after filing a claim and succeeding in litigation. Given the courts’ caseload, this is a lengthy and costly process.
Under Section 45(2)(c) of the Enforcement Code, however, a notarial deed can also constitute an enforceable instrument if it contains a legal obligation, identifies the entitled and obligated persons, specifies the legal basis, subject matter and time for performance, and records the obligated person’s consent to enforceability. The creditor then need not litigate but can apply directly to the enforcement court. This is an option worth considering when entering into an agreement, not only once the debtor stops performing.
We are here for you Whether you need a contract, will or declaration drawn up, a signature certified, a company entered in the Commercial Register or a claim secured, we will discuss with you what is most suitable in your situation. If a notarial document will not resolve the matter, we will tell you. Notary Office Stará Vajnorská 8, Bratislava III. |
Legislation cited in this article
Act No. 323/1992 Coll. on notaries and notarial activities (Notaries Act) — Sections 3 et seq., 46 et seq., 58 et seq., 73a et seq., 73c, 73d et seq.
Act No. 29/2026 Coll. on the Commercial Register — Sections 2(n), 42(2), 44(5), 45(6), 58
Act No. 162/1995 Coll. on the Real Estate Cadastre (Cadastral Act) — Section 32(1) and (2)
Act No. 233/1995 Coll. (Enforcement Code) — Section 45(2)(c)
Act No. 514/2003 Coll. on liability for damage caused in the exercise of public authority
Decree No. 31/1993 Coll. of the Ministry of Justice of the Slovak Republic on notaries’ fees and reimbursements, as amended by Decree No. 208/2026 Coll.
This text reflects the legal position as at 30 September 2026. It is for information purposes and does not replace legal advice on a specific matter. Current prices are listed in the office’s price list.
JUDr. Martin Vlha, PhD., notary · Notary Office Stará Vajnorská 8, Bratislava III
